Hemp Industries Association Files Petition Against DEA

19 Jan 2017 5:41 PM

Suit Seeks to Defend Hemp Farmers, U.S. Businesses and Consumers from Illegal Attempt to Schedule Non-Psychoactive Hemp Derivatives as ‘Marihuana Extract’WASHINGTON, D.C. — The Hemp Industries Association (HIA), the leading non-profit trade association consisting of hundreds of hemp businesses, filed a Petition for Review on January 13, 2017, in the Ninth Circuit Court of Appeals in San Francisco, seeking to block the implementation of the Drug Enforcement Administration’s (DEA) recently announced Final Rule regarding “Marihuana Extract.” The proposed DEA Final Rule attempts to unlawfully designate hemp-derived non-psychoactive cannabinoids, including cannabidiol, as “marihuana extract,” and append the Controlled Substances Act to add all cannabinoids to its Schedule I. Furthermore, this action by the DEA contravenes clear Congressional intent and legal parameters for the production and consumption of hemp-derived products containing cannabinoids, enacted by Sec. 7606 of the Agricultural Act of 2014 (Farm Bill).

The DEA does not have the authority to augment the Controlled Substances Act; that power resides with Congress. Congress has clearly mandated, through the 2014 Farm Bill and the 2016 Omnibus Spending Law that the Controlled Substances Act does not apply to hemp grown in state pilot programs, and that it is a violation of federal law for agencies such as DEA to interfere with these programs. The DEA’s proposed rule regarding cannabinoids thumbs its nose at Congress and threatens to undermine the market for legal hemp products containing cannabinoids, including those produced in the U.S. under state laws that regulate hemp cultivation and processing pursuant to, and in accordance with the federal Farm Bill. These products, such as hemp foods and supplements, fall outside the Controlled Substances Act (CSA) and are not subject to regulatory control by the DEA.

“Hemp-derived products containing cannabinoids are an increasingly in-demand category within the hemp market—and U.S. consumers constitute the largest market for hemp products worldwide,” said Colleen Keahey, Executive Director of the Hemp Industries Association. “We are committed to defending the rights of our members, of entrepreneurial hemp farmers, businesses and consumers, who all are acting entirely within the legal framework of the CSA and Farm Bill, including those adversely affected by trying to source American-grown hemp and hemp derivatives to supply this demand. The DEA’s attempt to regulate hemp derived products containing cannabinoids lawfully sourced under the CSA, and farmed and produced under the Farm Bill in states like Kentucky and Colorado, is not only outside the scope of their power, it’s an attempt to rob us of hemp’s economic opportunity.”The DEA has made previous attempts to interfere with legal hemp products, notably from 2001-2003 when the agency contended that hemp food products such as cereals, hemp seed and hemp oil, are a Schedule I substance due to trace insignificant residues of tetrahydrocannabinol, or THC. On February 6, 2004, the Ninth Circuit Court of Appeals ruled in response that hemp is not included in Schedule I; that the trace THC in such products is similar to trace opiates in poppy seed bagels, and does not render them controlled substances. The HIA believes this 2004 ruling sets strong legal precedent for the current petition, which asserts that cannabinoids derived from lawful portions and varieties of the Cannabis plant exempted from control under the CSA and through the Farm Bill, may not be regulated as “marihuana” or “marihuana extract” by the DEA.

More recently, in 2014, the DEA interfered with the implementation of state pilot programs for hemp farming, when the agency unlawfully seized 250 lbs. of certified industrial hemp seed imported from Italy. The viable hemp seed had been legally sourced to supply six hemp research projects licensed by the Kentucky Department of Agriculture and coordinated in conjunction with Kentucky State academic institutions. The seed was quickly released, following the filing of a lawsuit against the DEA on May 14, 2014 by then Kentucky Agriculture Commissioner, now U.S. Congressional Representative James Comer. “Over a decade ago, the Ninth Circuit held that non-psychoactive hemp is not controlled by the CSA,” said Patrick Goggin, co-counsel for the HIA. “The DEA is again attempting to schedule under the CSA cannabinoids and non-psychoactive hemp beyond its authority. We believe the Ninth Circuit will invalidate this rule just like it did in 2004.”To date, 31 states have passed hemp legislation that allows their farmers to cultivate hemp according to guidelines set forth in the Farm Bill. Per these guidelines, U.S. farmers planted nearly 10,000 acres of hemp in 2016. Farmers and agri-business across the country have invested many millions of dollars in infrastructure to comply with federal law; this retroactive misreading of statute puts the livelihood of these law-abiding companies and individuals at risk.Recent DEA pronouncements indicate that DEA is threatening to flout prior court rulings, and assert regulatory authority over hemp seed, oil, and products made from hemp seed and oil, which have always been exempt from the Controlled Substances Act. HIA continues to monitor these developments, and will consider further actions to resist DEA’s unlawful attempts to regulate legal hemp products.# # #The Hemp Industries Association (HIA) represents the interests of the hemp industry and encourages the research and development of new hemp products. More information about hemp’s many uses and hemp advocacy may be found at www.TheHIA.org.

USMjParty

You are welcome here!

The U.S. Marijuana Party of Kentucky is a news, information and opinion sharing website which focuses on the repeal of prohibition, particularly Cannabis, but other natural growing plants as well.

We believe that we inherit unalienable rights with birth upon this planet which include the right to the growing and use of plants without repercussion from any authority.

A plant grown in/on our own property that is processed in any way for personal use and NOT to be sold to another has no reason to be regulated. The Government has authority over commerce. Regulation and taxation is allowed in the open market – which is where Cannabis should be, for marketing purposes.

Those products made from Cannabis which are medications and are sold by pharmaceutical companies and promoted by Physicians should be regulated accordingly.

Medications are manufactured by pharmaceutical companies and as such should be regulated to ensure they’re safe for consumption.

Make our gardens LAWFUL and REPEAL PROHIBITION now!

We have the right to grow nature in our homes and gardens!

The ultimate goal MUST remain REPEAL and Nullify Cannabis Prohibition thru the United Nations and our U.S. Federal Government.

The legalization statutes which have been passed to date, particularly recreational use are a legal way within a State to have commerce with an unlawful controlled substance, according to the U.N. Treaties.

”The growing illegal economy supports and enables corrupt officials, criminals, terrorists, and insurgents to mingle and conduct business with another. We must build our own networks to fight these illicit networks and break their corruptible influence…”LINK

Bearing this in mind, the ONLY way to truly break free from the Drug War is REPEAL that which was put in place to benefit the NWO.

Until we accomplish this, we will never be free from prosecution for using the Cannabis plant and potentially many others.

The Legalization rush is on. And just as the Cannabis Businesses are pushing forward, so will the policing of the businesses. They will continue to fill our jails and prisons with laws written just for Cannabis user’s whether they be legal or not.

In the meantime, while we fight for the freedom of Cannabis user’s let God keep our Patient’s safe from undue harm by the corruption of our own Government and it’s war upon God’s plant.

“If you wish to keep slaves, you must have all kinds of guards. The cheapest way to have guards is to have the slaves pay taxes to finance their own guards. To fool the slaves, you tell them that they are not slaves and that they have freedom. You tell them that they need law and order to protect them against bad slaves. Then you tell them to elect a government. Give them freedom to vote and they will vote for their own guards and pay their salary. They will then believe they are free persons. Then give them money to earn, count, and spend, and they will be too busy to notice the slavery they are in.” — Alexander Warbucks

STATS

Sheree Krider

PLEASE DO NOT USE!

PLEASE DO NOT USE SO CALLED "SYNTHETIC MARIJUANA" OR "SPICE" SOLD UNDER AN EVER INCREASING VARIETY OF NAMES!
IT IS NOT MARIJUANA AT ALL AND I AM INSULTED THAT THE WORDS SYNTHETIC MARIJUANA ARE USED TO DESCRIBE THESE SUBSTANCES! "FAKE DRUGS" WOULD SUFFICE!
THEY KILL!
PLEASE COPY AND OPEN THE LINK BELOW TO READ ONE STORY ABOUT THESE "FAKE DRUGS"!
http://www.therepublic.com/view/story/60e0b41dcfeb4c8896f89c4a7409dc99/KY--Synthetic-Drugs/
PARENTS, WATCH YOUR CHILDREN!
"...Officials said the powdery substance sold as bath salts mimic the effects of cocaine, ecstasy and LSD. It can be snorted, injected or mixed with drinks for food. The chemicals can cause hallucinations, paranoia, rapid heart rates, violent behavior and suicidal thoughts.
Synthetic marijuana contains organic leaves coated with chemicals that provide a marijuana-like high when smoked. The product is marketed under various brands include Spice and K2.
The synthetic drugs can be purchased on the Internet and in some tobacco and smoke shops, drug paraphernalia shops, gas stations and convenience stores..."
OF NOTE: THESE PRODUCTS ARE MOST OFTEN USED BY THOSE WHO ARE FORCED TO SUBMIT TO "DRUG TESTING"....
THAT IS WHY THAT THEY HAVE BECOME SO POPULAR ALONG WITH THE FACT THAT THEY ARE READILY AVAILABLE FOR SALE TO MINORS - OR SOMEONE WHO WOULD PURCHASE FOR A MINOR.
THIS HAS TO STOP!

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ATTENTION!

PLEASE BE ADVISED: OPINIONS PRESENTED ON U.S. MARIJUANA PARTY WEBSITES ARE THOSE OF THE ORIGINAL WRITER AND NOT NECESSARILY THE OPINION OF THE WEBSITE(S) OWNER(S). THEY HAVE BEEN PRESENTED IN ORDER TO ALLOW ALL OPINIONS TO BE EXPRESSED FAIRLY.

Kentucky, “Dark and Dangerous Ground”

The Dark and Bloody Ground

The popular belief that the name Kentucky means "Dark and Bloody Ground" is apparently without foundation. Yet through the years, the image has persisted in literary and oral tradition as a description of the Kentucky country.

One traditional explanation sites Delaware legend in which the ancient tribe of the Lenni-Lanape allied with the Iroquois to fight the Allegewi, the original inhabitants of Kentucky. In a single bloody battle the Allegewi were virtually exterminated. The land where an entire nation had been eradicated became known as the "dark and bloody ground". The violent clashes between the Iroquois and the southern Indians only helped reinforce the image.

In his book, "Historical Sketches of Kentucky" (1874), Richard H. Collins says that a northern Indian once asked Indian fighter Joseph H. Daveiss how white men could live in land that had seen so much bloodshed. The Indian said that the ghosts of those killed in the Indian wars haunted the land making it dangerous.

At the execution of the Treaty of Sycamore Shoals the Cherokee Cheif Dragging Canoe is said to have told Col. Richard Henderson that the lands south of the Kentucky river were "bloody ground"and would be "dark and difficult to settle". However Ruben T. Durrett said in his book, "The Centenary of Kentucky"(1892) that the phrase was used to discourage Henderson from purchasing the land.

Quotes

God assumed from the beginning that the wise of the world would view Christians as fools…and He has not been disappointed. Devout Christians are destined to be regarded as fools in modern society. We are fools for Christ’s sake. We must pray for courage to endure the scorn of the sophisticated world. If I have brought any message today, it is this: Have the courage to have your wisdom regarded as stupidity. Be fools for Christ. And have the courage to suffer the contempt of the sophisticated world.” — Justice Antonin Scalia

Our Work
The 10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

“insanity is committing the same mistake over and over and continuing to expect a different result”

“The illusion of freedom will continue as long as it's profitable to continue the illusion. At the point where the illusion becomes too expensive to maintain, they will just take down the scenery, they will pull back the curtains, they will move the tables and chairs out of the way and you will see the brick wall at the back of the theater.” -- Frank Zappa

If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin. Samuel Adams 1776

If a law is unjust, a man is not only right to disobey it, he is obligated to do so.
- Thomas Jefferson

“I hope to have God on my side, but I must have Kentucky.” -- Abraham Lincoln

“Tough girls come from New York. Sweet girls, they're from Georgia. But us Kentucky girls, we have fire and ice in our blood. We can ride horses, be a debutante, throw left hooks, and drink with the boys, all the while making sweet tea, darlin'. And if we have an opinion, you know you're gonna hear it.” -- Ashley Judd

"Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature."

Quotes

The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant…over himself, over his own body and mind, the individual is sovereign.
–John Stuart Mill

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“The individual is handicapped by coming face to face with a conspiracy so monstrous he cannot believe it exists.” (J.Edgar Hoover, 1895-1972.)

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“The illusion of freedom will continue as long as it's profitable to continue the illusion. At the point where the illusion becomes too expensive to maintain, they will just take down the scenery, they will pull back the curtains, they will move the tables and chairs out of the way and you will see the brick wall at the back of the theater.”
― Frank Zappa tags: freedom-illusion Read more quotes from Frank Zappa

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The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant….Over himself, over his own body and mind, the individual is sovereign.
–John Stuart Mill

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" Quotes from Gatewood "For all you Petrochemical-Pharmaceutical-Military-Industrial-Transnational-Corporate-Fascist-Elite-Bastards, I've got your karma right here. "If I was going to lie to you, I'd already be elected. "Ronald Reagan and George Bush aren't conservatives. They are aliens."

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"A Democracy is when two wolves
and a sheep take a vote on what's
for dinner. A Republic is when the
sheep is well armed and can beg to
differ with the vote.

" Benjamin Franklin"

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Marijuana, in its natural form, is one of the safest therapeutically active substances known to man.
...The judge recommends that the Administrator transfer marijuana from Schedule I to Schedule II.
Francis L. Young
Administrative Law Judge
September 6, 1988
Docket No. 86-22
UNITED STATES DEPARTMENT OF JUSTICE

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"Penalties against drug use should not be more damaging to an individual than the use of the drug itself. Nowhere is this more clear than in the laws against the possession of marijuana in private for personal use."

President Jimmy Carter
Message to Congress
August 2, 1977

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“If the American Constitution should fail there will be anarchy throughout the world”

“Hold on, my friends, to the Constitution and to the Republic for which it stands. Miracles do not cluster, and what has happened once in 6,000 years may not happen again. Hold on to the Constitution, for if the American Constitution should fail there will be anarchy throughout the world.”

― U.S. Senator Daniel Webster – 1851

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KCADP

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Our Environment

Toxic chemicals in our environment, such as mercury, lead, and certain manmade chemicals, have been linked to cancer, birth defects and brain impairments. Reducing or eliminating the load of these dangerous chemicals in the products we buy, the air we breathe, the food we eat and the water we drink can help reduce the toll of human disease and suffering.

Nairobi, January 18, 2019--South Sudan's state media regulator should immediately lift an order barring a privately-owned newspaper from covering protests in neighboring Sudan and issue a statement guaranteeing the media's right to press freedom and editorial independence, the Committee to Protect Journalists said today.

Beirut, January 17, 2019--The Committee to Protect Journalists today condemned the imprisonment of Nidal Salameh, a journalist for the website Gerasa News, who was convicted of violating Jordan's Press and Publications Law and the Cybercrime Law.

New York, January 17, 2019--The Committee to Protect Journalists today expressed concern about the detention of Marzieh Hashemi, a TV anchor and documentary filmmaker for the English-language service of Iranian state broadcaster Press TV, and called on the U.S. Department of Justice to disclose the reason for her arrest.